Pintu Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34829 of 2020 Arising Out of PS. Case No.-41 Year-2020 Thana- PATEPUR District- Vaishali ====================================================== 1.

PINTU KUMAR @ CHHOTU Son of Hareram Singh Resident of VillageMaudah, Chatur, P.S.- Patepur, District- Vaishali. 2.

Prince Kumar Son of Hareram Singh Resident of Village- Maudah, Chatur, P.S.- Patepur, District- Vaishali.

... ... Petitioners.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioners :

Ms. Pratima Kumari, Advocate.

For the State :

Mr. Md. Mushtaque Alam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-07-2021 Heard learned counsel for the petitioners and the learned A.P.P. for the State, through Video Conferencing. The petitioners apprehend their arrest in connection with Patepur P.S. Case No.41 of 2020 registered under Section 392 of the Indian Penal Code.

The accusation is that the informant Rupesh Kumar, who is the Manager of Customer Service Centre, Maudahdih, on 03.03.2020, had gone to Central Bank of India, Patepur, to withdraw the money. After withdrawing the cash Rs.4,00,000/-, the informant kept Rs.2,00,000/- in a bag in the dickey of his motorcycle and Rs.2,00,000/- in his pocket and proceeded from there for Maudahdih. In the way, two persons in a white blue

Patna High Court CR. MISC. No.34829 of 2020(4) dt.29-07-2021 2/3 colour motorcycle in high speed overtook the motorcycle of the informant and, thereafter, on the point of pistol, they opened the dickey of the motorcycle of the informant and took the bag containing Rs.2,00,000/- and both fled away from there. In the bag, besides Rs.2,00,000/-, cheque book, Aadhar-Card, Passbook and Voter I-card were also kept. They also snatched the mobile of the informant. Both the culprits were in the age group of 20-22 years and both had covered their faces. Learned counsel for the petitioners submits that the petitioners are not named in the F.I.R.

In course of investigation, in the confessional statements of the co-accused Gulshan Kumar alias Golu and Naveen Kumar, the names of the petitioners have surfaced in this case as their associates but they have not stated about participation of the petitioners in the alleged crime, while they have stated that after committing robbery, when the money was being distributed amongst the culprits, the petitioners were present there. Except that, nothing has been collected by the Investigating Officer in course of investigation against the petitioners. The petitioners have no criminal antecedents.

Patna High Court CR. MISC. No.34829 of 2020(4) dt.29-07-2021 3/3 enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-XIV, Vaishali at Hajipur, in connection with Patepur P.S. Case No.41 of 2020, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T